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  "id": 637069,
  "name": "In re ZACHARIAH Mc., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Zachariah Mc., Respondent-Appellant)",
  "name_abbreviation": "People v. Zachariah Mc.",
  "decision_date": "2002-12-02",
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    "judges": [],
    "parties": [
      "In re ZACHARIAH Mc., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Zachariah Mc., Respondent-Appellant)."
    ],
    "opinions": [
      {
        "text": "JUSTICE STEIGMANN\ndelivered the opinion of the court:\nIn March 2001, respondent, Zachariah Me. (born in March 1986), admitted that he committed the offense of aggravated criminal sexual abuse (720 ILCS 5/12 \u2014 16(b) (West 2000)), as alleged in a delinquency petition the State had filed against him. The trial court later committed him to the Department of Corrections, Juvenile Division (DOC). The court also denied respondent\u2019s motion for exemption from the requirements of the Sex Offender Registration Act (Registration Act) (730 ILCS 150/1 through 12 (West 2000)), because he was a juvenile sex offender.\nDefendant appeals, arguing only that the trial court erred when it denied his motion for exemption from the Registration Act. We affirm.\nI. BACKGROUND\nRespondent\u2019s victim was a seven-year-old girl to whom he had access. The State originally charged him in a delinquency petition with (1) aggravated criminal sexual assault (720 ILCS 5/12 \u2014 14(b) (i) (West 2000)) (count I), and (2) aggravated criminal sexual abuse (720 ILCS 5/12 \u2014 16(b) (West 2000)) (count II). Pursuant to an agreement with the State, respondent admitted to count II, and count I was dismissed. The parties had no agreement regarding a disposition.\nIn May 2001, the trial court conducted a dispositional hearing and sentenced respondent to DOC. In August 2001, respondent filed a motion for exemption from the requirements of the Registration Act. The court denied that motion, and this appeal followed.\nII. ANALYSIS\nRespondent argues that the trial court erred by denying his motion for exemption from the Registration Act because it does not apply to juvenile sex offenders. We disagree.\nThe Second District Appellate Court (In re Nicholas K., 326 Ill. App. 3d 497, 761 N.E.2d 352 (2001), appeal pending, No. 93908) and\nthe Third District Appellate Court (In re Ben S., 331 Ill. App. 3d 471, 771 N.E.2d 1133 (2002), petition for leave to appeal pending, No. 94221) both recently addressed this same issue and reached contradictory conclusions. We agree with the Third District\u2019s decision in Ben S., which held that juvenile sex offenders are not exempted from the requirement to register under the Registration Act. Ben S., 331 Ill. App. 3d at 472-73, 771 N.E.2d at 1134.\nIn Ben S., the court wrote the following:\n\u201cBefore July 1, 1999, section 3 of the Act provided that \u2018[a] sex offender *** shall *** register in person\u2019 with a prescribed law enforcement official. 730 ILCS 150/3(a) (West 1998). The term \u2018sex offender\u2019 was defined in section 2 as, inter alia, \u2018any person\u2019 who is charged with, and convicted of, a sex offense. 730 ILCS 150/ 2(A)(1)(a) (West 1998). Effective July 1, 1999, the legislature amended section 2 by adding the following definition:\n\u2018 \u201cJuvenile sex offender\u201d means any person who is adjudicated a juvenile delinquent as the result of the commission of or attempt to commit a violation set forth in item (B), (C), or (C \u2014 5) of this [s]ection or a violation of any substantially similar federal, sister state, or foreign country law. For purposes of this [s]ection \u201cconvicted\u201d shall have the same meaning as \u201cadjudicated.\u201d \u2019 730 ILCS 150/2(A \u2014 5) (West 2000).\nThe amendment did not change the definition of a \u2018sex offender\u2019 or the requirement in section 3 that such offenders register under the Act.\n* * *\nThe Appellate Court, Second District, addressed the instant issue in [Nicholas K.], 326 Ill. App. 3d 497[, 761 N.E.2d 352], and held that juveniles are not required to register under the Act. The court\u2019s reasoning was as follows:\n\u2018By creating a separate category of \u201cjuvenile sex offenders,\u201d the legislature must have intended those in this category to be treated differently. Section 3 of the Act plainly proves that only \u201csex offenders\u201d are required to register. It says nothing about \u201cjuvenile sex offenders.\u201d If the legislature wanted to provide that juveniles who were adjudicated delinquent for having committed sex crimes had to register as sex offenders on the same basis as adults convicted of sex crimes, it could simply have amended the definition of \u201csex offender\u201d to include juveniles who were adjudicated delinquent.\u2019 Nicholas K., 326 Ill. App. 3d at 500[, 761 N.E.2d at 355].\nWe disagree with the Second District\u2019s holding. Indeed section 3 of the Act only requires \u2018sex offenders\u2019 to register. But the applicable definition of a \u2018sex offender\u2019 is \u2018any person\u2019 who is charged with, and convicted of, a sex offense. (Emphasis added.) 730 ILCS 150/2(A)(l)(a) (West 2000). The plain meaning of that language encompasses juveniles without any need for the missing amendment noted by the Second District. In light of such plainness, we refuse to add an adult limitation under the guise of statutory construction.\u201d Ben S., 331 Ill. App. 3d at 472-73, 771 N.E.2d at 1134-35.\nWe agree with the Third District\u2019s analysis in Ben S. and adopt its holding. We thus conclude that the trial court did not err by denying respondent\u2019s motion for exemption from the requirements of the Registration Act.\nIII. CONCLUSION\nFor the reasons stated, we affirm the trial court\u2019s judgment.\nAffirmed.\nMYERSCOUGH, EJ., concurs.",
        "type": "majority",
        "author": "JUSTICE STEIGMANN"
      },
      {
        "text": "JUSTICE COOK,\ndissenting:\nI respectfully dissent. I agree with Justice Slater\u2019s dissent in Ben S., 331 Ill. App. 3d 471, 771 N.E.2d 1133, and with the Second District\u2019s decision in Nicholas K., 326 Ill. App. 3d 497, 761 N.E. 352.",
        "type": "dissent",
        "author": "JUSTICE COOK,"
      }
    ],
    "attorneys": [
      "Daniel D. Yuhas and Joshua D. Carter, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.",
      "Frank Young, State\u2019s Attorney, of Danville (Norbert J. Goetten, Robert J. Biderman, and Denise M. Ambrose, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "In re ZACHARIAH Mc., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Zachariah Mc., Respondent-Appellant).\nFourth District\nNo. 4 \u2014 01 \u2014 0816\nOpinion filed December 2, 2002.\nDaniel D. Yuhas and Joshua D. Carter, both of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nFrank Young, State\u2019s Attorney, of Danville (Norbert J. Goetten, Robert J. Biderman, and Denise M. Ambrose, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0409-01",
  "first_page_order": 427,
  "last_page_order": 430
}